Orange County, CA — On April 15, 2016, the Los Angeles County Superior Court agreed with Jason Puleo and William Adams, two formerly homeless veterans, and the non-profit Kennedy Commission (Petitioners), represented by PILP’s California Affordable Housing Law Project, the Public Law Center (PLC), and Jones Day, that the City of Huntington Beach must “immediately comply with the judgment and writ of mandate and to cease enforcing, administering or implementing the [BECSP Amendment].” See Order Enforcing Judgment.

The BECSP Amendment effectively blocked any low-cost housing in the City, imposing a development cap, burdensome parking, setback, height, and use restrictions, and costly and time-consuming discretionary permit requirements. “This year-long effort to force the city to simply comply with state law and its own Housing Element, the ‘Constitution’ for development, reminds all of us that we must remain vigilant and be prepared to fight efforts to block affordable housing.” said PLC staff attorney Sarah Gregory.

“Although this Superior Court decision…is a win for affordable housing in Huntington Beach, our work to ensure veterans and other vulnerable individuals can continue to call Orange County home will continue”-Sarah Gregory, PLC staff attorney

The Huntington Beach City Council adopted the BECSP Amendment on May 4, 2015, despite months of efforts by the Kennedy Commission and the two displaced veterans, who had been forced to leave Huntington Beach due to the lack of affordable housing in the city. The City of Huntington Beach had refused to comply with previous court orders, continued to enforce the BECSP Amendment, and appealed a January 20, 2016 judgment in favor of the Petitioners.

Petitioners sought to force Huntington Beach to implement its state-approved General Plan Housing Element, which was approved by the California Department of Housing and Community Development in 2013. The General Plan Housing Element–referred to as the “Constitution” for all planning and development within the city–allowed for the development of high-density low-cost housing by-right along the city’s Beach-Edinger commercial corridor in order to accommodate the city’s housing needs for low-income residents. Sarah Gregory said, “Although this Superior Court decision on the BECSP Amendment is a win for affordable housing in Huntington Beach, our work to ensure veterans and other vulnerable individuals can continue to call Orange County home will continue in earnest.”